LEGAL PRINCIPLE: CIVIL PROCEDURE – Res Judicata / Estoppel – Issue estoppel and conditions for application
PRINCIPLE STATEMENT
Issue estoppel arises where an issue has been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in subsequent proceedings between the same parties or their privies. The conditions are: (i) the same question was decided; (ii) the decision was final; (iii) the parties or their privies are the same.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Oyerogba v. Olaopa (1998) NLC-3001990(SC) at p. 17; Paras D–E.
"Issue estoppel arises where an issue had earlier on been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in a subsequent proceedings between the same parties or their privies. The conditions for the application of the doctrine are that: (i) the same question was decided in both proceedings; (ii) the judicial decision said to create the estoppel was final; and (iii) the parties to the judicial decision or their privies were the same persons as the parties to the proceedings in which the estoppel is raised or their privies."
EXPLANATION / SCOPE
Issue estoppel prevents relitigation of previously decided issues. Three conditions must be satisfied. The principle applies to civil proceedings. The previous decision must be on the merits. The rule promotes finality and efficiency. The party asserting estoppel bears the burden. The principle is well-established.
